House of Commons
Tuesday 24 May 2022
The House met at half-past Eleven o’clock
Prayers
[Mr Speaker in the Chair]
Oral Answers to Questions
Justice
The Secretary of State was asked—
Victims of Crime
We are increasing victim support funding to £185 million by 2024—almost double the amount in the 2020-21 core budgets, and more than quadruple the victims funding in the last year of the last Labour Government.
Will my right hon. Friend expand on the specifics for victims of an alleged crime who are under 16 and who attend the same school as the accused? Are there opportunities to expedite such cases, which typically take years to progress?
My hon. Friend is right to highlight the particular vulnerability of children in such cases. The courts already have the power to prioritise cases, for example those with a particular risk of the victim or a witness being intimidated. The Department for Education’s statutory guidance for schools and others makes it clear that they can take appropriate measures to safeguard children, which can include transfers to and from schools where necessary.
The Thames Valley police and crime commissioner, Matthew Barber, provides excellent support to victims of crime through his office’s Victims First support service. One challenge that he faces is that the Ministry of Justice does not allow victims funding to be used to support victims of antisocial behaviour. That is a real concern for my constituents in Bracknell. Might the Secretary of State be willing to review the policy?
I pay tribute to the work of Commissioner Matthew Barber. In 2022-23, we are providing PCCs with £69 million of core funding to commission victim support services. How they allocate the funding is at their discretion, based on their assessment of local need, but it can include services to support victims of ASB that reaches the threshold of a criminal offence. As my hon. Friend will know, we are consulting on new powers for courts to consider community impact assessments in trials so that the blight and oppression that antisocial behaviour causes in whole communities can be properly factored in.
Ryan Passey was tragically killed in 2017, at the mercy of a perpetrator with a knife. The case went to court and the perpetrator was acquitted, which was considered a bizarre verdict. You will be pleased to hear, Mr Speaker, that I and the Passey family have secured a review of the police investigation. That review is ongoing, but the family feel let down by the lack of support after the trial, at the time when they most needed it. They have lost their only son, but had no support despite the verdict. Will my right hon. Friend meet me and the family to understand how improvements can be made in the provision of support for victims’ families, not just during an investigation but after the verdict, particularly when a bizarre verdict is given?
My deepest sympathies go to the family and friends of Ryan Passey. I congratulate my hon. Friend on securing an independent review; I will be happy to make sure that she can see an appropriate Minister.
We have made £130 million available this year to tackle serious violence. As my hon. Friend will know, the latest data shows a 4% decrease in recorded cases of knife crime. On post-trial support, we are providing £4.6 million a year in funding for the national homicide service, which provides a range of services, including counselling and emotional support, that can continue as long as is needed for a bereaved family, including after trial.
The Secretary of State will be aware that I have worked across Government for many years to secure support for victims of crime, particularly victims and survivors of child abuse and sexual assault. I welcome the introduction of the victims Bill, the enshrining in law of the victims code and the Secretary of State’s commitment to funding, but we need more sexual assault referral centres, more independent sexual violence advisers and more special measures in courts; indeed, we need more courts and prosecutors. Has the Secretary of State done the analysis to show that the money he is bringing forward will cover all that?
I am pleased to see, in the context of the latest data, that rape convictions are up 67% on the previous year. We will be bringing forward our response to the consultation on the victims Bill and the associated package very shortly. There will be a step change—a quantum leap—in the number of ISVAs and independent domestic violence advisers as a result of the settlement that I have secured with the Treasury. I am happy to give the hon. Lady specific details.
Over the years, many people have been coerced, often through violence, into being filmed in pornography that has been put online for people to see for years to come. Will the Government consider making provision in the Online Safety Bill for people to withdraw their consent and have that content removed from the internet?
The hon. Gentleman has raised an important point, which I will certainly convey to the Home Office in the context of the online harms Bill.
Four years ago, Jackie Wileman was tragically killed on her daily walk by four men joyriding a stolen HGV around Barnsley. The men responsible had 100 convictions between them. I pay tribute to Jackie’s brother, Johnny Wood, for his campaign to increase sentences for causing death by dangerous driving, and I welcome the change in the law, but Johnny has now been informed that one of the offenders may shortly be released from prison on temporary licence without the proper process being followed. Will the Secretary of State meet Johnny and me to discuss what more can be done to support victims?
I am not aware of the specifics of that case, but I take this issue very seriously. If the hon. Lady would like to write to me, I will ensure that we can not only address the specifics very carefully, but arrange for her to meet a relevant Minister.
Offenders: Giving Back to Communities
When people have broken the law, and when it is safe and proportionate for them to do so, they should serve their sentences in the community. It is important for them to be seen to be paying back to the communities to whom they have caused harm. We are investing £93 million in community payback staff over the next three years so that we can increase the number of hours worked to a record-breaking 8 million a year.
Justice needs to be seen to be done, not just for victims but for the wider community, so that they can be confident that offenders are not getting away with it. Community payback projects allow for offenders to make reparations to the communities whom they have harmed. Can my right hon. Friend assure me that he will be working to expand such projects across the country?
My hon. Friend is right: people do want to see justice being done, in a visible way, in their communities. I hope that he saw some of the 300-odd gangs of offenders who delivered about 10,000 hours of community work across the country, particularly on environmental schemes, during the recent Keep Britain Tidy spring clean-up week. However, Members of Parliament can also play a part in this project. We do need to increase those hours to 8 million a year, and we need Members’ help in nominating schemes on which we can put offenders to work, so if Members feel like it, I ask them please to go online and look at the Ministry of Justice website. They can nominate a scheme, and we will send some people to do some cleaning up.
Fonmon castle park and gardens, in my constituency, provides a first-class day out for visitors, but will my right hon. Friend join me in congratulating those who run it on the partnership that they have established with HM Prison Parc? This offers new opportunities for offenders, while also resolving some of the labour shortages in the area.
I am, of course, happy to celebrate the success of Fonmon castle and its partnership with Parc prison. As my right hon. Friend knows, we believe that employment for offenders is critical to moving them into a better life. Building partnerships of that kind between businesses and prisons is key for the future, and I am pleased to tell my right hon. Friend that Parc prison is in line, in the next year, to have one of our new employment advisory boards, which will bring such partnerships to life across all the UK’s geographies.
Offenders are unlikely to be able to give back to their communities if they find themselves homeless on their release from prison, as I have discovered when supporting people in that situation in my own community. Will the Minister undertake to bring to the House a report indicating the extent to which homelessness among ex-offenders is a fact—which it clearly is—along with an action plan to help constituency Members in all parts of the House to support people when they leave prison so that they can lead a stable existence in their communities and therefore give back?
I agree with the hon. Gentleman that the provision of a home—of accommodation—for those leaving the secure estate is critical. We believe that there are three pillars to success: a job, a house and a friend to put people on to the straight and narrow. I do not have to publish a report to underline that, because there has been plenty of research to prove that it is the case. The hon. Gentleman will be pleased to know that we do have an action plan, with some challenging targets, to ensure that all those leaving the secure estate can access the accommodation they need to get them back on to the straight and narrow.
I call the shadow Minister, Ellie Reeves.
Unpaid work gives offenders a chance to give back to their communities, but huge workloads and staff shortages in the probation service mean that in some areas there is a backlog of up to 100,000 hours owed by offenders, and some have even had their hours wiped because they have not been completed in time. Is this not just another example of our broken justice system—a system that lets offenders off while victims pay the price? When will the Government get serious and fix this?
It is very sad that the hon. Lady is not celebrating the achievements of the probation service, which is expanding. We are recruiting 500 new community supervisors so that we can get on top of some of the covid-related backlog in unpaid work. We have to hit 8 million hours and we have thousands of offenders out there in high-vis jackets doing the work, particularly environmental work with organisations such as the Canal & River Trust. When the Prime Minister promoted that scheme, the Opposition condemned it, saying that it was somehow inhuman. Actually, all our communities across the United Kingdom, day in day out, are seeing justice being done by these offenders, and that is set to grow.
Court Delays: Attrition
I am pleased to report that we are making progress on court delays in the Crown court. As of the end of March 2022, the outstanding backlog was 57,800, which is 5% lower than the peak of 60,700 cases in June 2021. Prior to the pandemic, the outstanding caseload had reduced significantly from 46,100 in 2010 to around 33,000 in late 2018. That underlines just how significant the impact of covid was. On attrition, we recognise the importance of addressing these issues, and that is why we are increasing victim support funding to £185 million by 2024-25. That will fund more than 1,000 independent sexual and domestic abuse advisers to help victims through the process.
Last year, a staggering 1.3 million cases were dropped because the victim could not carry on any longer. That is on top of extraordinarily low charge rates—7% for robbery and 3% for theft. For my community, that means that cases are delayed, crime is up and charges are down. The Minister talked about progress, but it is not quick enough, is it?
These are important points. Attrition is most important with regard to rape. As the Deputy Prime Minister has said, the total number of rape convictions was up 67% last year, and I can confirm that in the last quarter of last year they were up 15%, so we are making progress but we want to go further. That is why it is so important that we have put in place all the measures to increase capacity in our courts and it is why the backlog is now falling.
I call the Chair of the Select Committee, Bob Neill.
The Minister is right to highlight the work that is being done to increase support for victims, but he will be aware that the Justice Committee published a report on court capacity on 27 April. I look forward to hearing his response to it. In the summary, we highlight that despite efforts from the Government to go in the right direction:
“Delays in the Crown Court have reached a point where they are causing significant injustice.”
Is it not the reality that solving this will require not just victim measures but, more significantly, a root-and-branch attempt to tackle all the elements of delay, which relate to judicial capacity, physical capacity and maintenance of the estate, improved data and technology and improved processes in the Crown court? All those must come together, and that requires sustained investment. Will the Minister respond in detail to the report in due course?
I look forward to responding to it. My hon. Friend is absolutely right about resources, and that is why we had almost £0.5 billion of funding in the spending review settlement, particularly to tackle Crown court backlogs. He is also right to talk about judicial capacity. As we came out of the pandemic, having resisted the temptation to lock down again at Christmas, we reopened 60 courtrooms that had been closed, so we have the rooms, more or less—with some local variance—but he is right to say that we need judicial capacity. One key issue in the recruitment of judges was the pension scheme, but we have just had Royal Assent for a new scheme, which should address that important aspect of capacity in our courts.
I call the shadow Minister, Alex Cunningham.
Let me remind the Minister that 67% of a small number is still a small number. The recent criminal justice joint inspection report into pandemic recovery noted:
“The prospect of waiting years for justice is likely to be traumatising for victims and their families and has a damaging impact on justice itself, making it more likely that victims will drop out of cases”.
We know that the Ministry has secured funding to reduce the backlog to 53,000 cases by 2025, but that number still dwarfs pre-pandemic figures. We all want timely justice for defendants and victims, so can the Minister confirm how long on average people are waiting for their cases to come to court, and what impact the additional funding will have on cutting those waiting times?
These are, as I said, important points. I am glad the hon. Gentleman recognises that we have committed the funding. Where is it going? For the second year on the trot, we have removed the cap on sitting days in the Crown court, which is probably the single most important aspect of delivering capacity. We are also doing it through legislation.
The hon. Gentleman will be aware that we recently had Royal Assent for the Judicial Review and Courts Act 2022, which is a key measure in helping us to increase magistrates’ sentencing powers, releasing up to 1,700 days in the Crown court. That is 1,700 days when we can hear serious cases—rapes, murders and all the rest—to get through the backlog, because capacity is key. I have always said that it is about taking a joined-up approach. We have the funding in place and we have the legislation. It is such a shame that the Opposition could not support us.
Access to Legal Aid
Last year, to ensure accessibility to vital support, we spent £1.7 billion on legal aid. We are consulting on changes that will result in an additional 2 million people in England and Wales having access to civil legal aid, with 3.5 million more people having access to legal aid at the magistrates court. By any measure, that is a very significant expansion of access. Alongside that, we propose to invest up to £135 million a year in criminal legal aid, more than £7 million in improving access to housing legal aid, and £8 million in expanding access to immigration legal aid.
Next month I will be visiting Northampton Community Law Service, which has proved indispensable to many of my constituents. What steps are being taken to ensure sufficient funding streams for areas of specialist legal advice and support that are proving to be the most in demand amid the cost of living crisis, particularly debt and employment law?
My hon. Friend, who is a champion for his constituents, makes the important point that these are increasingly important matters in the current economic context. That is why we have committed to ensuring that specialist legal advice services continue to provide support for those who need it most, and it is why, in particular, we will be spending £5 million to pilot early legal advice on social welfare matters, including debt, this summer. Throughout 2020 we provided £5.4 million of grant funding to not-for-profit providers of legal advice, supporting more than 70 organisations to help vulnerable people resolve their legal problems. I am pleased to confirm that those rounds of funding provided more than £130,000 to Northampton Community Law Service.
From the Minister’s answers, we might think everything is rosy in the world of legal aid, but the reality is that there are legal aid deserts in many parts of the country where practitioners have packed up and stopped providing vital access to the justice system. What is the Minister doing to ensure that, in every part of England, there is fair access to legal aid?
That is a fair question, but I do not accept that there are areas of the country where people are denied access to justice because there are no legal aid providers. The Legal Aid Agency keeps market capacity under constant review and takes immediate action where gaps appear by tendering for new providers and amending contractual requirements to encourage new providers into the market. In England and Wales, legal advice on housing matters is available, wherever people are, through the Civil Legal Advice telephone service.
On access to legal aid, as I said, we are consulting on proposals that will increase the number of people who can access civil legal aid by 2 million, which is a significant measure.
I call the shadow Minister, Afzal Khan.
I thank the hon. Member for Northampton South (Andrew Lewer) for raising the importance of access to legal aid. In fact, his region—the east midlands—has seen an above average fall in access to criminal and civil legal aid since 2013. Compared with England and Wales as a whole, the region also has a higher proportion of local authorities with no providers of legal aid on housing, immigration, family and community care law. These legal aid deserts are worst for family and community care law, with the cost of living crisis compounding that further. Victims are being let down at every stage.
Legal aid deserts are a direct result of chronic underfunding, and they deny justice to victims across the UK. The Government have failed to deliver even the bare minimum of what Sir Christopher Bellamy advised in his review. I understand that the Government are considering a civil sustainability review, so perhaps the Justice Secretary will provide further details. The Government like to pay lip service to levelling up the country, but when will the Lord Chancellor level up access to justice?
It would probably be more helpful if I referred to what the hon. Gentleman said on a previous occasion. On 15 March, in response to the Deputy Prime Minister’s statement about criminal legal aid and the measures that we were taking, he said:
“Today’s announcement and response to the Bellamy review is welcome, particularly the Government’s commitment to increase legal aid rates by the 15% that Sir Christopher Bellamy recommended.” —[Official Report, 15 March 2022; Vol. 710, c. 777.]
That is what we are doing. He recommended £135 million of additional funding for criminal legal aid. That is what we are proposing and what we are consulting on. So my job as I see it is very clear. It is to get on with ensuring that those criminal legal aid rates are increased as soon as is practicable, and we look forward to introducing a statutory instrument later this year.
I call the Scottish National party spokesperson, Stuart C. McDonald.
I wonder if I might suggest that another review of partygate could help inform Government policy on legal aid and access to justice. I say that because of the widely perceived link between a person’s ability to pay for legal advice and the number of fixed penalty notices that that person might receive, compared to others attending the very same event. So during his consultation, will the Minister speak to junior Downing Street staff and civil servants about their views on the significance of access to and the affordability of criminal legal advice?
It’s a nice try, but our discussions in Downing Street are about the measures that we are bringing forward to tackle crime, not least the Police, Crime, Sentencing and Courts Act 2022, which the Labour party voted against and Opposition Members spoke out against, and which will see violent and sexual offenders serving longer in prison. That is where our focus is and the focus of the British people is.
Human Rights Framework Reform
As announced in Her Majesty’s Gracious Speech, the Government will replace the Human Rights Act 1998 with a Bill of Rights to be introduced in this parliamentary Session.
Will the Secretary of State follow last year’s recommendation of the Joint Committee on Human Rights and ensure that there are no changes to the Human Rights Act—the provisions of which are embedded in the Scotland Act 1998—without the consent of the devolved Administrations? If that consent is withheld and his Government unpick the Act unilaterally on behalf of the four UK nations, what message does he think it will send to citizens across the devolved nations?
I thank the hon. Lady. As she knows, we will assess the question of the applicability of the Sewel convention, quite rightly, when the full Bill of Rights text is provided. This reform will strengthen free speech, but curb the ability of, for example, criminals to take advantage of and abuse the system. I believe that that will be welcomed in all four nations.
Does my right hon. Friend agree that reform of our human rights framework will help to prevent foreign national offenders from avoiding deportation and help to restore some public confidence in our human rights legislation?
My hon. Friend is right. The still high volume—around 70%—of successful challenges, on human rights grounds, of deportation orders by foreign national offenders is on article 8 grounds. That is exactly the kind of thing that our reforms will address and the public across the UK will welcome.
Stuart C. McDonald, the SNP spokesperson.
Thank you again, Mr Speaker. The Human Rights Act 1998 has become a cornerstone of justice and democracy in the United Kingdom. It is pivotal legislation not to be tinkered with lightly. Given that cross-party MPs have today found that the now Justice Secretary presided over a
“disaster and a betrayal of our allies”
and
“a lack of seriousness, grip or leadership at a time of national emergency.”
in relation to Afghanistan, I have to ask in all seriousness why he should be allowed anywhere near such fundamental legislation and indeed why he is in ministerial office at all.
I am surprised that the SNP has nothing to say on the issues at hand in relation to criminal justice, whether in Scotland or in the rest of the UK.
Defendants on Remand: Sentencing Hearings
The current position is that the courts can require that a defendant held on remand attends their sentence hearing, but they cannot force them to do so. Where a defendant is likely to be disruptive in court or where taking action to ensure that they attend would cause delays, it can be in the best interests of justice and victims to proceed in their absence. However, I fully appreciate that, in other circumstances, a defendant’s absence can cause anger and upset for victims and their families, and we are actively considering what can be done to address this.
It is important for public confidence that justice is seen to be done. When defendants in murder, rape and other serious cases hide in their cells and fail to appear for sentencing, they are effectively abusing their victim and the victim’s family once again. So I welcome the work that my hon. Friend is doing on this issue. May I encourage him to look at giving judges the power to increase custodial sentences in such circumstances?
My hon. Friend makes a really important point: justice being seen to be done is a key principle of our case law system. I am sure we all agree that a defendant should be brought before the court to face the consequences of their crime. Of course, one case in particular comes to mind. Sabina Nessa’s family wanted Koci Selamaj to be present to hear their victim impact statement, so that they could convey the hurt that he caused. In that case, the sentencing judge referred to the defendant’s actions as “cowardly…refusals” to attend.
However, I have to stress that, although defendants can be punished for refusing a prison order to attend court, they cannot be forced to attend. As I say, it is important to recognise that, although the presence of the defendant may be a comfort to some victims, there will be circumstances in which a defendant’s behaviour is distressing to victims and their families. For that reason, we have to take a balanced approach but, as I say, we are looking at what can be done. One option could be to make it a statutory aggravating factor.
When Sabina Nessa’s killer did not turn up to court to hear his sentence, his cowardice caused further unimaginable hurt to her family. Anisha Vidal-Garner was killed by a hit-and-run driver; when he stayed in his cell during sentencing, he avoided listening to the powerful victim impact statements from her family. This soft-on-crime, tough-on-victims Government have had 12 years to compel criminals to attend court to hear their sentences. Labour has been calling for it; where is the action? Why is it taking so long to get progress on this issue?
The hon. Lady knows that these are primarily matters of judicial responsibility. We have to ensure that whatever measures we take can work in practice in our courts, with the right balance being struck. She says we are soft on crime; I remind her that we recently received Royal Assent for an Act that will ensure that serious violent and sexual offenders will serve longer in prison so that we keep our streets safe. Labour voted against that. That tells us one simple message: when it comes to the big calls on law and order and keeping this country safe, the Labour party still cannot be trusted.
Reducing Reoffending
The reoffending rate for prisoners who leave prison has fallen by nine percentage points—from 51% to 42%—since 2010. The rate of prison leavers who secure a job within six months has risen by almost two thirds in the past year alone.
Getting prison leavers into work is crucial to reduce reoffending, turn ex-offenders’ lives around, cut crime and protect the public. Employment advisory boards have an important role to play in building links between prisons and local businesses. Will my right hon. Friend update us on progress in this policy area?
My hon. Friend is absolutely bang on. More than half of resettlement prisons now have a business leader who chairs their EAB. That puts us ahead of schedule for our national plan to deliver for every resettlement prison by April next year. To be clear on the results and outcomes we are looking for, let me give one example: at HMP Wandsworth, 39 prison leavers have been helped to find jobs and further training through their board and the prison’s employment team.
As recently as February in my Hyndburn constituency, Lancashire police had to issue dispersal orders in Accrington town centre because of antisocial behaviour. Will my right hon. Friend tell me how we can prevent young people in particular from reoffending or falling into bad habits, particularly when they have been through the youth justice system?
My hon. Friend is absolutely right. I was up in Blackpool last week to announce a £300 million fund that local authorities can access to prevent youth offending. It is called the turnaround project and is targeted at around 20,000 children. The idea is to get them into sports, whether that is boxing or martial arts, or indeed into drama or other positive outlets. By doing that, we can then wraparound the pastoral care and work with the law enforcement agencies. That will not just give those children the opportunity to take a springboard into school, training and, ultimately, work, but keep our streets safer for communities.
My right hon. Friend is right to focus on helping offenders to find work post release, which is crucial to reduce reoffending. Will he update the House on progress made in that respect?
In the last year alone, we have seen a step change in respect of offenders being in work within six months of release from prison; the number has increased by two thirds. The prisons White Paper sets out the strategy. We are rolling out the chairs of employment advisory boards and now have chairs for 48 out of 91 prisons. We have also stood up 29 of the employment hubs in our prisons. Those are the links between prison governors and local businesses that will get offenders into work and to stay on the straight and narrow.
A recent report showed that thousands of severely mentally ill prisoners who had been assessed as requiring hospitalisation were not being transferred because of the shortage of NHS beds, or they were facing long delays. Does the Secretary of State agree with the director of the Prison Reform Trust who said that this guarantees that
“people will leave prison in a worst state than when they came in, with every likelihood that the behaviour that originally led to their arrest and conviction will continue”?
I thank the hon. Lady. I think that there will cross-party support for the work that we are doing with the mental health Bill announced in the Queen’s Speech, absolutely ending prison as a place of safety, if you like, for those with mental health issues and making sure that those who are seriously mentally unwell can be transferred into secure hospitals. I recently met the Health and Social Care Secretary to expedite those arrangements.
Approved premises house the highest risk offenders—terrorists and serious sex offenders—on release from custody. Their location is sensitive both for rehabilitation and protection of the public. Why on earth, therefore, is the Ministry of Justice building approved premises next to the main entrance of Wormwood Scrubs Prison, when the counter-terrorism security assessment lists 18 vulnerabilities, including potential assaults on staff, observation over the prison wall, use of a launch site for drones and undermining rehabilitation? Will the Secretary of State abandon this dangerous and counterproductive scheme?
Approved premises are vital. Of course we take all the requisite security advice on the matter and I am very happy to write to the hon. Member about any of the details. However, may I suggest that he write to me to set out the facts that he asserted, so I can test them very carefully and rebut them very clearly?
Does the Secretary of State agree that more needs to be done to promote programmes that lead to reductions in reoffending rates, particularly in prisons such as Magilligan prison in my constituency, so that the wider community can feel safer as a result of successful programmes?
The hon. Member is right. The prisons White Paper sets out an overhaul of the regime. We want to assess offenders in week one, whether it is for their addiction, mental health or state of mind, or for things such as numeracy, literacy and their educational qualifications. We then want a pathway right the way through that gets them sustainably off drugs, not just abandoned on methadone. We want to give them the skills and education that they need and, fundamentally and critically, a step change in the approach to getting offenders on licence into work. Those are the keys to driving down reoffending beyond the 9 percentage point reduction in reoffending that we have seen from offenders leaving prison compared with the last year of the last Labour Government.
Prisoner Literacy
If we can improve prisoners’ literacy and numeracy skills, we will increase their ability to get jobs when they are released, which, in turn, will cut crime and make our streets safer. That is why we have set our plans to achieve exactly that in the prisons strategy White Paper. We have already introduced measures of progress in English and maths to hold governors to account, and we will be establishing an innovation scheme to deliver new initiatives to improve the reading and writing of prisoners.
I welcome what the Minister has said on improving literacy among prisoners and what the Secretary of State said in answer to the previous question. May I just strengthen the point about governor accountability? Training in prisons is currently accountable through Ofsted and the training provider is held accountable. Until governors themselves are fully accountable for the literacy of prisoners as they leave, tied of course with the need to get prisoners into work, on which there has been excellent progress, it will always be harder than it should be to get the reading training needed, especially for those who are dyslexic.
My right hon. Friend is completely right. We are putting in place a new deal for governors based on clear expectations and accountability, giving them greater autonomy over education provision in their establishments, which includes transparent key performance indicators, outcome measures and targets, including on prisoner literacy. Indeed, in Highpoint Prison in his constituency, there is a prisoner who was completely illiterate on entering prison. He had the ambition to read to his young child and is now three chapters into a book. With that sort of personal determination and encouragement from the Prison Service, we have high hopes for the chances of prisoners when they leave prison and keeping our communities safer.
Diolch yn fawr, Lefarydd. Education and literacy highlight the inconsistency between what is devolved and what is reserved in relation to justice in Wales. Does the Minister therefore welcome Welsh Government’s proposals, published today, to further the devolution of justice in Wales, and will she commit to work with Welsh Government to further those proposals?
I like working with the Welsh Government; that may come as a surprise to some, but I have found them incredibly helpful on plans such as the residential women’s centre, which I launched the plans for only last week. We will see a residential women’s centre set up in Swansea to help vulnerable women who are on the cusp of custody, giving them 12 weeks’ residential accommodation and courses to try to steer them away from offending. I believe that, by working together we can come up with some really interesting and innovative ideas to help not just the good people of Wales, but the entire United Kingdom.
Child Cruelty Register
The entire House and the whole country speak with one voice in saying that child cruelty is abhorrent. The Government are determined to ensure that the law offers the fullest protection to children; that is why we brought forward the sentencing measures through the Police, Crime, Sentencing and Courts Act 2022. My right hon. Friend the Lord Chancellor has asked the Department for Education and the Home Office to consider issues around the management of child cruelty offenders, including the introduction of a register.
Does the Minister agree that the creation of a child cruelty register would be enormously helpful to those already involved in child welfare issues, such as social workers and police? Does he also agree that it would ensure that no looked-after child would be placed with any person who is on such a register, and that that would not only save lives, but prevent injury, both physical and psychological?
My hon. Friend is right to raise this matter, not least given the hugely troubling and distressing cases that we have seen reported in the media of late. One thing we know, which was borne out in the care review published yesterday, is that there is a challenge with data and information sharing between agencies. I am sure that my counterparts in both the Department for Education and the Home Office will consider whether a register of child cruelty offenders would improve child safeguarding processes, alongside wider learning from the findings of forthcoming reviews, such as that into the tragic deaths of Arthur Labinjo-Hughes and Star Hobson.
Non-custodial Sentences: Enforcement
Community sentences are robust and increasingly command the public’s confidence, not least as they can see more and more offenders in high-vis, brush and shovel in hand, in their streets.
It is reported that the penalties can be discharged by working from home. Please tell me that is not true.
A yes or a no will do.
My county colleague can always be relied on to emerge from the forest and ask the most challenging questions. He is correct that independent working projects, while not ideal, were introduced during the pandemic to allow offenders to discharge their sentence with robust and rigorous projects done at home, such as manufacturing personal protective equipment or, more recently, clothing items for Ukrainian refugees. It is our intention to reduce the proportion of sentences that can be done under home working, although for those who cannot handle a brush and a shovel there may well still be a place for it in the future—
Order. I call the shadow Secretary of State. That is too long an answer.
We have heard a lot of complacency from the Government Benches on this issue. According to the Minister’s own Department, community payback offenders now carry out 75% fewer hours of unpaid work compared with five years ago. On average, 30,000 offenders get away without completing their community sentences every year, and now we hear the Government are letting criminals finish their unpaid work sentences at home. Why have they gone so soft on crime that they are letting those criminals get away with it?
It is not the case that community sentences can be completed using those hours, but I am sure the hon. Gentleman will understand that, during the pandemic, with the restrictions placed upon us, we had to find a way to allow offenders to complete their sentence in a satisfactory way. We have systems in place to make sure the jobs are done rigorously to time and, as I have said, we will be winding down that project.
Family Justice System Reform
We are committed to reforming family law to reduce conflict and protect children and victims of domestic abuse. We are reducing demand in the private family courts. In 2021, we invested £3.3 million in the mediation voucher scheme, and over 8,000 vouchers have been issued to separating couples. In February, we launched pilots to test the less adversarial way of hearing private family law cases, and we aim to reduce the retraumatisation of domestic abuse survivors.
I am grateful to my hon. Friend for his answer. Our family courts, of course, remain under significant pressure. It is welcome that there is additional funding for the likes of the Children and Family Court Advisory and Support Service and that the prioritisation protocols are being used for the time being. During my time as chair of CAFCASS, we established that about one in four cases going into private law children’s courts could have been avoided had pre-proceedings work been done. Is the Department also looking at that?
There are domestic abuse or safeguarding concerns in half of private family cases; those cases, of course, need to be heard in court. But when it comes to cases that do not involve those concerns, the Government will support parents to resolve their issues earlier and outside court. We are considering making mediation compulsory for those cases.
As a former distinguished Children’s Minister, and given his former role at CAFCASS and his professional experience, my hon. Friend brings an awful lot of experience to these matters. Let us have a meeting to discuss his ideas in more detail.
Court Backlog: Sexual and Violent Crime Victims
We are taking action across all jurisdictions to bring backlogs down and improve waiting times for those who use our courts. I can confirm that the number of days taken for an adult rape case to progress from Crown Prosecution Service charge to completion has fallen by 38 days since the peak in June 2021. That is encouraging.
Under the leadership of Kim McGuinness, our police and crime commissioner, Northumbria police have invested heavily in victim support. But they cannot make up for the wholesale failure of the justice system, with victims telling us that they feel revictimised by the length of delays and the complexity of the process. Does the Minister acknowledge that his plan to get the backlog down to 53,000—still a huge number—will not significantly address the delays? What additional support is he putting in place for the mental health of victims during these long, long delays?
The hon. Lady asks about what supports are in place; I am grateful to hear from her police and crime commissioner about the role that independent sexual violence advisers are playing. I confirm that we are investing further in victim support services by increasing funding to £185 million by 2024-25.
And the delays in the courts?
I am coming to those. Of course we want to reduce delays as far as possible, but, to give a sense of the progress that we are making, I should say that in March there were 124,000 disposals in the magistrates courts and 9,280 in the Crown courts. Those are the highest figures for both since the pandemic. They show that output is increasing. That is why the backlog is now falling; we expect it to continue falling further.
It will help even more when you open the Chorley court again.
The victims of modern-day slavery experience the worst of violence and sexual assault. One of the ways in which we can keep them engaged with the justice system is for there to be victim navigators, which the Government are piloting. If that approach could be spread further, more people would be kept in the court system and more of these evil gangs would be taken off our streets.
My hon. Friend makes a very good point. As he will know, this is primarily a matter for the Home Office, but the roll-out of section 28 will support those cases. As we have mentioned several times today, there is a significant increase in funding for ISVAs, who provide significant support for dealing with precisely such issues as attrition and for ensuring that victims are supported throughout the process.
Topical Questions
Since the last Justice questions, I have published the Government’s response to Jonathan Hall’s independent review of terrorism in prisons and the Government’s root-and-branch review of the parole system in England and Wales. I have also discussed action to hold to account the perpetrators of war crimes in Ukraine with International Criminal Court prosecutor Karim Khan and United States war crimes ambassador Beth Van Schaack.
Delays in family courts were already far too long before covid, and the problem has only got worse since then. It often means that a parent is not able to see their child in the meantime—a point raised by many parents in my constituency of Tatton. Will the Minister make the reduction of those delays in the family courts a priority?
My right hon. Friend is absolutely right. As was mentioned earlier, something like 50% to 55% of cases that go to the family court are safeguarding or domestic abuse cases. I do think those need the authority of a judge, but the rest, frankly, should by and large be dispensed with before court through an alternative dispute resolution of one sort or another. We talked about considering making mediation compulsory, but crucially, we need the incentives and disincentives for early resolution to be unequivocal.
I call the shadow Secretary of State.
Voters in Wakefield are furious that the Conservative party ignored a victim of child sexual abuse and allowed his paedophile abuser to become their MP. Will the Justice Secretary back an independent investigation into why his party failed to act on what this courageous victim told them?
Can I just say to the hon. Gentleman first of all that to politicise a case that has been subject and potentially remains subject to judicial proceedings is quite wrong? If he wants to talk to the voters of Wakefield about the choice at the upcoming by-election, it is a choice between Labour, which is weak on crime, and us. Violent crime has fallen by more than half since Labour was in office. We can talk about tougher sentences for dangerous sexual and violent offenders, which he voted against. We can talk about reoffending, which is lower than it was under Labour, or we can talk about funding for victims, which we have quadrupled since the last Labour Government.
My hon. Friend is absolutely right. Let me just talk him through what we are doing. The in-cell technology in the new prisons will give them much greater access for the purposes he described. We are also delivering digital upgrades to a further 11 prisons. The prison employment advisory boards will be crucial in linking local businesses with prisons. Critically, not only have we got key performance indicators, but I have increased the weighting for employment and skills from below 1% to 20%, so that governors focus on it. That will drive a step change in getting offenders into work.
I thank the hon. Gentleman for highlighting good examples of best practice, particularly in getting offenders off drugs. We know that that is the key, along with skills and getting them into work. If he writes to me on the facts of the case, I will certainly make sure that we look at it very carefully.
A man after my own heart. My hon. Friend is right that it is a total abuse, which the Opposition seem to want to give succour to, to allow the freedom of speech and the right to peaceful protest to become a right to sabotage. It will be very interesting to see in the weeks ahead whether they stand on the side of the public or on the side of those saboteurs. The Public Order Bill will help us to address this issue, and I can also assure my hon. Friend that courts already have the power to impose compensation.
Order. I know that we may have some by-elections coming, but the fact is that we are on topicals, and they are meant to be short and sweet. Lots of Members want to get in, and you are stopping Members from getting in. It is not fair.
The hon. Lady is absolutely right. I mentioned earlier the increase in rape convictions that will be promoted by the use of section 28 to allow pre-recorded video evidence for the victims of rape and other serious sexual violence. She should also know that, working closely with the police and the Crown Prosecution Service, we are making great progress on Operation Soteria to make sure that the focus is on the accused rather than overwhelmingly on the victim who comes forward with the courage that that takes.
It is very telling that the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), did not want to talk about those issues or Scotland’s record and asked us something totally outside the realm of Justice questions. My hon. Friend makes a compelling point, but we will not rest on our laurels south of the border. We will introduce a victims Bill that will place the victims code into law and send the clearest possible signal that the justice system must deliver for victims as a matter of moral correctness and to ensure the efficacy of the system.
First, we have seen a step change increase in convictions by 67%—two thirds—over the last year. I think the hon. Lady is wrong, if I may say so, to use the statistic that she used. In fact, the conviction rate has increased from 68% in July to September 2021 to around 71% in the last quarter. Through Operation Soteria, section 28 and changes that are being made to disclosure, we will drive a step change in support for victims with the quadrupling of victims funding, which will help to support victims through the process and secure more convictions.
I am proud that we are quadrupling victims funding to £185 million by 2024-25, which is up from £41 million in 2009-10. The fact is that the longer-term multi-year funding settlement that we are introducing should help to give certainty to restorative justice programmes. Raising awareness of restorative justice is also key, as my hon. Friend and I recently discussed, and I am giving that close attention.
Is the Secretary of State aware of the growing concern on both sides of the House about people in prison who have been charged with joint enterprise, and the fact that there is now a campaign to look at those cases and the kind of convictions that are taking place? Many people who are charged and imprisoned are later found to be on the autism spectrum. That is a real concern, so will he meet me and JENGbA—Joint Enterprise Not Guilty by Association—to talk about it?
I am very concerned about the endemic levels of mental health challenges and illness in prison. Interestingly enough, I have talked particularly to the Independent Reviewer of Terrorism Legislation about the link between autism and at-risk offenders. If the hon. Gentleman writes to me about the findings and learning that he has had, I will be happy to look at them carefully with the Secretary of State for Health and Social Care.
Is that not a sign of a community as a whole taking action, not just to reduce crime but to try to ensure that the young men my hon. Friend describes get on the straight and narrow and start to build healthy and happy lives for themselves? I would be delighted to discuss that further with him. I know for a fact that he has a superb police and crime commissioner, who I am sure will be supporting A Band of Brothers helpfully and meaningfully.
The Secretary of State will be aware that police officer numbers play a key role in reducing crime and reoffending, so what plans does he have to increase England’s officer level of 23 officers per 10,000 people to bring it closer to Scotland’s of 32 per 10,000 people?
Mr Speaker, as you know, the Government are in the middle of a huge recruitment drive of police officers. We have, happily, increased the number by 13,500, and I am confident that by the end of the financial year we will have hit our 20,000 target.
Families living near HMP Thorn Cross in my constituency have again raised with me concerns about absconds from this open prison. I am very grateful that the Minister took the time to visit the prison recently. Could she give us an update on what steps the Government are taking to reduce absconds from open prisons?
I thank my hon. Friend for raising this, and I know the concerns his community have. As he rightly says, I visited Thorn Cross to see for myself and to ask the governor what can be done to improve the abscond rate. This is an open prison, so it is right that the assessments of risk for each prisoner entering Thorn Cross must be as full as possible to understand whether they have ties that may cause them to abscond from an open prison. What I have done is commission a further look into the assessments that are conducted nationally to ensure that the team at Thorn Cross are able to manage the people who are staying there as well as possible for the local community.
Given the constitutional importance of his role, is the Lord Chancellor considering his position in the Cabinet in the light of the Foreign Affairs Committee report on the withdrawal from Afghanistan?
That is a quick answer—the best we have had to today—and we can learn from that.
Xinjiang Internment Camps: Shoot-to-Kill Policy
(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if she will make a statement on the shocking revelations on the BBC by Professor Adrian Zenz that the internment camps in Xinjiang do exist and operate a shoot-to-kill Uyghur policy in contravention of the previous statement by the Government of the People’s Republic of China.
Today’s reports provide further shocking details of China’s gross human rights violations in Xinjiang. They add to an already extensive body of evidence from Chinese Government documents, first-hand testimony, satellite imagery and visits by our own diplomats to the region. The reports suggest a shoot-to-kill policy was in place at re-education camps for detainees seeking to escape. This is just one of many details that fatally undermine China’s repeated assertions that these brutal places of detention were in fact vocational training centres, or a legitimate response to concerns about extremism. On the contrary, the compelling evidence we see before us reveals the extraordinary scale of China’s targeting of Uyghur Muslims and other ethnic minorities, including forced labour, severe restrictions on freedom of religion, the separation of parents from their children, forced birth control and mass incarceration.
We have already taken robust action in response. We have imposed sanctions, led joint statements at the UN, taken measures to tackle forced labour in supply chains, funded research to expose China’s actions and consistently raised our concerns with Beijing at the highest levels. The Prime Minister did so most recently in a phone call with President Xi on 25 March. In 2019, we were the first country to lead a joint statement on China’s human rights record in Xinjiang at the UN. Our leadership has sustained pressure on China to change its behaviour. We work tirelessly to increase the number of countries speaking out. By October 2021, our efforts had helped to secure the support of 43 countries for a joint statement on Xinjiang at the UN Third Committee, including Muslim-majority Turkey and Albania. In response to today’s revelations, we will continue to work with our partners to raise the cost to China of its actions. We will continue to develop our domestic policy response, including introducing further measures to tackle forced labour in UK supply chains.
The UK stands with our international partners in calling out China’s appalling persecution of Uyghur Muslims and other minorities. We remain committed to holding China to account.
I welcome the Minister’s statement. She said so many things that will be so close to the evidence that was submitted to the independent inquiry that took place under Sir Geoffrey Nice QC. The inquiry determined that genocide against the Uyghurs is taking place. What more evidence do the Minister and the Department need to enable them to put in place their obligations under the genocide convention?
Today’s leak of the Xinjiang police files contains more than 2,000 photographs of individuals aged from 15 to 73, who have been incarcerated just for being born Uyghur or Muslim. If someone does not drink alcohol or smoke, or has a beard, he is incarcerated.
One of the markers of genocide is breaking the link between parent and child: there are children in the re-education centres. Let us not forget the Chinese Communist Party’s own words—they put the children in those centres to break their roots, break their lineage, break their connections and break their origins. That is a marker of genocide and I urge the Minister to call it out for what it is—the Uyghur genocide.
The evidence was on the BBC this morning because it coincides with the visit of Ms Bachelet, the UN High Commissioner for Human Rights. It is a rare visit, but the CCP has said that because of covid it will be a closed-loop visit. It will be in a bubble, and the CCP will control who Ms Bachelet sees and who she meets. That is another example of the UN being bullied by the CCP. Does the Minister share my concern that the UN visit, and any report produced, will deny the absolute truth of what is happening to the Uyghur people, which is genocide at the hands of the CCP?
The Foreign Secretary made it clear this morning that these latest reports provide further shocking details of China’s gross human rights violations in Xinjiang, adding—as I said—to the already extensive body of evidence. I understand the strength of feeling in the House. As Members will be aware, it is the longstanding policy of successive British Governments that any judgment on genocide is a matter for a competent national or international court, rather than for Governments or non-judicial bodies.
As my hon. Friend the Member for Wealden (Ms Ghani) mentioned, this coincides with the visit by the UN High Commissioner, and we reiterate our longstanding call for the Chinese authorities to grant her unfettered access to the region so that she can conduct a thorough assessment of the facts on the ground. We are watching her visit very closely.
I thank the hon. Member for Wealden (Ms Ghani) for once more bringing the question of the appalling human rights situation in Xinjiang to the House. The latest revelations are horrendous, but sadly not surprising. The Uyghur minority in the west of China have been systematically stripped of what few civil liberties they had, and subjected to treatment that this House has voted to call genocide.
We have known for some time that the situation in Xinjiang, so closely examined by the BBC’s John Sudworth, constitutes outrageous human rights abuse, and the House has dedicated considerable time to urging further action by the Government to hold the Chinese authorities to account. Today is no different. The leaked police files we have seen today shed further light on the treatment of the Uyghur people, with a reported shoot-to-kill policy for escapees from the camps and other securitisation measures that expose as materially false the Chinese Government’s claims that they are just vocational training centres.
The Minister will have heard the House today, so I will ask some brief questions. First, further to the meeting that the Foreign Secretary had with sanctioned UK parliamentarians, some of whom are in their places today, what progress has been made on reforming the Government’s policy on genocide, in light of these disturbing findings? Secondly, what assessment has she made of the genuinely unfettered access that Michelle Bachelet will have when in the region? Thirdly, will the Government use the Procurement Bill and the modern slavery Bill in this new Session of Parliament to protect British consumers from complicity in the Uyghur genocide and support British businesses who genuinely want to do the right thing?
What steps will the Government take to ensure that the equipment used to carry out the repressive surveillance detailed in the leak is no longer used in Government Departments or public bodies in the UK? Do the Government plan to impose further sanctions on entities and officials who have directed or carried out atrocities against the Uyghurs, including those named and quoted in these documents? Finally, will the Government provide support and refuge to Uyghur people fleeing the genocide, including those fleeing third-party countries in which they are at risk of detention and deportation back to China?
Let us be really clear: genocide is a crime and, like other crimes, whether it has occurred should be decided after consideration of all the evidence available in the context of a credible judicial process. I am aware that the Prime Minister and the Foreign Secretary met parliamentarians sanctioned by China, and the fact that that meeting took place demonstrates how seriously we take the issue.
On future policy, as I set out in my statement, we will continue to develop our domestic policy response, including introducing further measures to tackle forced labour and UK supply chains. On technology, we have a long-standing policy of not commenting about the detail of those arrangements. Finally, on sanctions, we have acted to hold to account senior officials and organisations responsible for egregious human rights violations taking place in Xinjiang. We keep all evidence and potential listings under close review, but it would not be appropriate to speculate about who may be designated in the future.
I congratulate my hon. Friend the Member for Wealden (Ms Ghani) on gaining the urgent question and you, Mr Speaker, on having the foresight to grant it. I say to my hon. Friend the Minister that in essence this is really not good enough. We have been going on about this for some time. The Government still cannot decide whether there is genocide—we, alone among all the developed nations, are stuck on a ludicrous definition—and it is high time that they did. Is she aware that Alena Douhan, a UN human rights monitor, was in receipt of $200,000 from China in 2021? That was unheard of in the past. Meanwhile, a UN high representative is going to China. What faith can we have that the UN will not be used as apologists for China? It is time we called that out and said, “Enough is enough. Unless you get direct access, we will not listen to a single word you say. China is guilty of genocide”?
I thank my right hon. Friend for his question. I reiterate that the Foreign Secretary made it clear that the latest reports provide shocking details. She also made it clear in her statement this morning that it is essential that the Chinese authorities grant unfettered access for the high commissioner’s visit. If such access is not forthcoming, all that will do is serve to highlight China’s attempts to hide the truth of its actions in Xinjiang.
We come to the SNP spokesperson, Chris Law.
The Xinjiang police files provide some of the strongest evidence to date for a policy targeting almost any expression of Uyghur identity, culture or Islamic faith and of a chain of command running all the way up to the Chinese leader, Xi Jinping. That follows the Uyghur tribunal that concluded that there is proof “beyond reasonable doubt” that China is committing crimes of torture, crimes against humanity and the crime of genocide. We simply cannot collect more and more evidence of atrocities being committed; we must act now. What plans are there to impose sanctions on Chinese officials named today, including Chen Quanguo, who chillingly told senior military figures:
“even five years re-education may not be enough”.
Let us remember that he was responsible for many of the human rights abuses in the sovereign state of Tibet, which has been illegally occupied by China for some decades.
In line with recommendations from the Foreign Affairs Committee, has the Foreign, Commonwealth and Development Office begun engaging in dialogue with the International Criminal Court on the feasibility of an investigation into crimes committed against the Uyghurs in Xinjian—yes or no? Will the UK Government finally declare that China is committing genocide against Uyghurs in Xinjiang?
I have been clear on the shocking details that have emerged today, which are adding to an already extensive body of evidence, and very clear that we have been standing with international partners in calling out China’s persecution of the Uyghur Muslims and other minorities. We remain committed to holding China to account. It is important to note that our policy on genocide determination does not prevent us from taking robust action, and we have done that. As I said in an earlier answer on future sanctions, we keep all evidence and potential listings under review, but it would not be appropriate to speculate.
This is shocking new evidence: 250,000 Uyghurs detained; re-education camps; in one county, 12% of the adult population actually detained over a couple years; shoot-to-kill policies; and everything else we already know about. This is genocide. What more evidence do we need that this is genocide? The Minister referred to the meeting that the Prime Minister and the Foreign Secretary had with sanctioned Members of Parliament last month, at which the Prime Minister expressed surprise that we seemed to be out of kilter with other countries in the way we define genocide. He promised to look at that again and come back to us to see if we can reform the way the Government define genocide, in keeping with the unanimous vote of this House to recognise that genocide has happened. Will the Minister update us, particularly those of us who have been sanctioned, on what progress is being made on that?
I thank my hon. Friend for his question. As I say, there is a long-standing policy of successive Governments in terms of any judgment on genocide. However, I do really understand the strength of feeling. I am aware that he met, with colleagues, the Prime Minister and the Foreign Secretary. The fact that that meeting took place demonstrates how seriously the Government take the issue.
The chilling report leaked today shows that China’s bloodthirsty campaign against Uyghur Muslims is showing no sign of slowing down. Despite repeated calls, the Government have been far too slow to act. Will the Minister finally—I ask again—commit to sanctioning Chen Quanguo, the chief architect of the massacre we are witnessing in Xinjiang? Will the Government use the Procurement Bill and the modern slavery Bill to ensure British supply chains are not tainted with the Uyghur genocide?
The UK has taken robust action. We have imposed sanctions, led joint statements at the UN and taken measures to tackle forced labour in supply chains. As I mentioned, we will continue to look at policies in this area.
The genocide of the Uyghur people has been taking place on an industrial scale for decades and we should not be unjust to the victims by pretending that what we are hearing today is somehow new or not something we did not already know. China is not being held to account: the UK is still shipping in products made from Uyghur blood labour; Canadian Solar plans to impose its solar panels on Rutland; and the Government are still contracting firms that are complicit in genocide, such as Hikvision. Will my hon. Friend please confirm that we will use the new Procurement Bill to end the ability of China to build its tech-totalitarian state on the backs of British biometrics and data, and the blood of the Uyghur people?
As I said, what we have seen in the latest reports this morning is truly shocking and adds to the existing volume of evidence. We are taking strong action, but we will continue to develop our policy response and introduce further measures to tackle forced labour in UK supply chains.
May I express just how angry and disgusted I am? I feel a deep abhorrence and a pain in my heart, as everybody else does—I know that you feel the same way, Mr Speaker—as China at the very highest level has the blood of innocents on its hands. Given the overwhelming evidence of the atrocities being committed in Xinjiang, as is apparent from the media today, will Her Majesty’s Government and the Minister make an assessment of whether the actions of the Chinese Communist party in Xinjiang constitute genocide or crimes against humanity? I think they do, Minister—do you?
As I said, genocide is a crime and, like any other crimes, the position should be decided after consideration of all the evidence by a competent national or international court. But let me be absolutely clear: the latest reports are truly shocking, and the Foreign Secretary made that very clear in her statement this morning.
Given the limitations and restrictions, the Minister cannot now have any confidence in the UN visit, can she?
As the Foreign Secretary made very clear in her statement this morning, if access is not forthcoming, the visit will serve only to highlight China’s attempts to hide the truth and its actions. We have been absolutely clear that unfettered access is essential.
There are cases where a man has been jailed for almost 17 years because the Chinese state determined his beard to be illegal and where someone has been jailed for having studied Islamic scriptures with his grandmother. We have now been made aware of reports that machine guns and snipers have been placed with orders to shoot to kill anyone, from the almost 2 million prisoners, who tries to escape those camps. What we are seeing in Xinjiang are Muslims being denied their Muslimness and the most grotesque and extreme versions of Islamophobia. Does the Minister agree that the latest revelations demonstrate the need for the British Government to take action and sanction Chinese officials involved in the human rights abuses in Xinjiang?
What we are seeing is truly shocking and adds to the body of evidence. We have been holding officials to account, and we have sanctioned senior officials and organisations, but we keep all the evidence and potential listings under review and I cannot speculate about future sanctions.
I suspect that the Minister gave a more revealing answer than she had intended to give to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), when she said that if there are to be restrictions on the UN party visiting the province, that would achieve only one thing: to expose China as a country that disliked outside scrutiny. That would hardly be exposing something that is a secret. Many of us hoped that that would trigger something more substantial by way of meaningful action from the Government.
Let me give the Minister the opportunity to answer the question posed by the Opposition Front Bencher, the hon. Member for Hornsey and Wood Green (Catherine West), and the Minister’s hon. Friend the Member for Rutland and Melton (Alicia Kearns), who asked about Hikvision. Hikvision has produced the equipment that is used for surveillance in Xinjiang and it now wants access to our market. It would send a really powerful signal to say, “If you provide equipment of that sort to a place like China, you are not welcome in this country.”
On Hikvision, we are deeply concerned by China’s use of high-tech surveillance to target the Uyghurs and other minorities in Xinjiang disproportionately. We regularly raise those concerns alongside our partners, including in a joint statement that we supported, with 42 other countries, at the UN. Over the past year, we have introduced enhanced export controls that have strengthened our ability to block exports of software and technology that might facilitate human rights violations.
Today’s reports provide further evidence—not that it is needed—that tens of thousands of innocent Uyghur men, women and children are being tortured and killed in concentration camps as part of a continued genocide. Why? Because they dare to grow a beard; they dare to talk about their faith; they dare to practise their faith; they dare to be Muslim. All we get from Government Front Benchers again are words without any action. The Minister, the Government and the international community must accept that their continued inaction leaves international Islamophobia unchallenged.
The reports have demonstrated further shocking details, adding to the evidence, but we have taken robust action. We have imposed sanctions; we have led joint statements at the UN; we have taken measures to tackle forced labour in supply chains; and we consistently raise our concerns with Beijing at the highest levels. As I said in my opening remarks, the Prime Minister did so in his recent phone call with President Xi. We are taking action.
We are talking about internment camps for peace-loving people, people who have a different faith from other Chinese people. This is once again about a Communist Government. During the past few months, there has been a rush from our Government to remove our dependency on the Russian economy due to its invasion of Ukraine. It is now widely acknowledged that the Government started that process too late. The World Health Organisation has even said that the Chinese had an ethical organ removal and transplant system. That was based on the Chinese Government’s self-assessment, and it is now accepted—they have everybody in their pocket, including, it seems over here. When will the Government start the process of removing our dependency on the Chinese economy? If we leave it too late, it will be too hard to handle. China will be even harder than Russia to tackle, so will the Government please get moving? What is happening now is not achieving anything. I ask the Government please to take the proper action that we need.
I have set out on a number of occasions the actions that we are taking. When it comes to trade with China, it is essential that the trade is reliable, avoids strategic dependency and does not involve the violation of intellectual property or forced technology transfer.
We heard, by way of example, of the case of a mother who has been interned and may be subject to the shoot-to-kill policy because she is associated with her son, who has been imprisoned for 10 years on the grounds that he does not smoke and drink and may therefore have leanings towards religion. The Chinese Government at the highest levels seem to have no respect for human rights, the rule of law and democracy and are allowing genocide, yet we are not taking proper action on procurement and through the modern slavery Bill. High Speed 2 and Hinkley Point are reliant on China. We are selling off our microchips. Our universities are impregnated. What are we doing, in alliance with the United States and others, to take a concerted economic approach so that we stand up for our values and against genocide?
I have set out a number of our actions, which include standing with our international partners in calling out China’s persecution of the Uyghur Muslims and other minorities. We remain committed to continuing to hold China to account.
I do not weep very often, but I wept when I heard from a Uyghur survivor about the forced abortion policy and its impact on her. It was horrendous evidence to hear.
The Chinese Government are simply not being held to account. There is no justice and no end in sight, despite all the measures that are being outlined. If this looks like a genocide, it is a genocide. If there is evidence that it is a genocide, it is a genocide. If the Uyghur tribunal chaired by Sir Geoffrey Nice QC has found that there is a genocide in which
“Hundreds of thousands of Uyghurs…have been…subjected to acts of unconscionable cruelty, depravity and inhumanity”,
it is a genocide. What steps will the Minister take towards declaring it a genocide? What practical measures will she be taking now? When will it be declared?
I understand the strength of feeling in the House today, but as hon. Members are aware, the long-standing policy of successive British Governments is that any judgment about genocide is a matter for a competent national or international court.
We have seen the careful, deliberate administration of the abuse and persecution of minorities before; we know what it means and where it leads. I appreciate the Minister’s difficulty today. She has said on several occasions that these matters are being kept under review, so on the publication of the report of the UN High Commissioner for Human Rights on the conclusion of her visit, will the Minister commit to the review of which she speaks?
As I said earlier, it is important that the high commissioner makes this visit and that the Chinese authorities grant her full and unfettered access so that the review can be a thorough assessment of the facts on the ground. We are following her visit very closely.
John Sudworth’s BBC report this morning was chilling, both in scale and in content. I have to say that the Minister’s response is woeful. The reality is that she is the person with the power that could make a difference to the genocide in China. What discussions has she had this morning with Chinese officials since the revelations in these papers? What was the response?
As I have said repeatedly, the evidence that we are seeing is shocking. The Foreign Secretary has made it very clear that these are shocking details that add to what is already an extensive body of evidence. I want to reassure the House that FCDO Ministers, civil servants and diplomats regularly raise the matter; I have raised it with the Chinese ambassador in London, for instance, and the Foreign Secretary has raised it with her counterpart, as has the Prime Minister. We regularly raise these issues.
I refer to my entry in the Register of Members’ Financial Interests. The latest reports from Xinjiang confirm what we already knew: that appalling crimes, human rights abuses and genocide are happening to the Uyghur people.
I return to the issue of security used in this country. The Minister cannot just say that this is an issue of a commercial nature or one with security considerations. She is the Minister. This security equipment and these companies are being used by the British Government, their agencies and their public bodies. She could say today that we are not going to use them. Why does she not do so?
As I have said, we take the security of our citizens, our systems and our establishments incredibly seriously. We have a range of measures in place to scrutinise the integrity of our arrangements, but it is our long-standing policy that we do not comment on the details of those arrangements.
Nazanin Zaghari-Ratcliffe: Forced Confession
(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if she will make a statement on the forced confession of my constituent Nazanin Zaghari-Ratcliffe.
The treatment of Nazanin by the Islamic Republic of Iran has been horrendous. Her ordeal was exacerbated when Iran made it clear that it would not allow her to leave Tehran airport unless she signed a document. A UK official was present to facilitate the departure of both Nazanin and Anoosheh Ashoori, and passed on the message from the Islamic Revolutionary Guard Corps that she needed to sign a confession. Given the situation that Iran put Nazanin in at the airport, she took the decision to sign the document. No UK official forced Nazanin to do so.
Iran has a practice of insisting that detainees sign documents before they are released. Nothing about the cruel treatment by Iran of detainees can be described as acceptable, including at the point of release. We will continue to raise human rights concerns with the Islamic Republic of Iran, including over its detention of foreign nationals. The Government of Iran must end their practice of unfairly detaining British and other foreign nationals. We will continue to work with like-minded international partners to achieve that end.
Thank you very much, Mr Speaker, for granting this urgent question. Every time I ask a question about the subject, I hope that it is behind me. When we celebrated Nazanin’s return in this Chamber, I thought I had asked my final urgent question about her, but this is now my ninth, after the shocking revelation that she was forced to sign a confession under duress before boarding the plane back to the UK from Iran.
For days in the run-up to her release, the IRGC had tried to make Nazanin write out and sign a document listing the crimes of which she was wrongly accused, admitting guilt, requesting clemency and promising not to sue or criticise the Iranian Government. At Tehran airport on 16 March, the day she was eventually allowed to fly back to the UK, she was again asked to do so by Iran. Instead, she tore up the piece of paper. It was only when a UK official told her that she had to sign it if she was going to board the plane that was waiting to take her home that she finally caved and gave Iran what it wanted. Nazanin returned home, but the toll on my constituent after six years of detention is unimaginable and unacceptable. I do not accept what the Minister is saying—that no one forced her. Nazanin knew that she could not get on the plane otherwise; the UK official told her that she had to sign that document to board the plane.
The human rights organisation Redress has written to the Foreign Secretary this week, setting out the view that the forced confession was
“part and parcel of the pattern of torture Mrs Zaghari-Ratcliffe had suffered since she was first detained in 2016 as it involves further infliction of severe suffering”
and that it appears that, in telling her to sign,
“UK officials were complicit in an unlawful act by the Iranian authorities”
in violation of Government policy. I do not have to tell the Minister or anyone else in this House how serious an allegation that is. Redress and Nazanin’s family, including her husband, who is in the Gallery, argue that it is part of a systemic failure to respond to the torture of British citizens by foreign Governments and to hold those Governments to account.
I ask the Minister the following questions. For what reason was my constituent required to sign a forced confession? Did the Foreign Secretary or the Prime Minister personally authorise UK officials to advise Nazanin to sign the forced confession, or was that decision taken by officials without their knowledge? What is the status in UK law of the forced confession and of Nazanin’s two convictions in Iran? How can they be annulled? Is there any link between the UK Government’s refusal to accompany Nazanin to her trial in 2021 and the forced confession? Finally, will the Minister acknowledge and denounce Nazanin’s torture in Iran and commission an independent review of the UK’s approach to the torture of British citizens in Iran?
I thank the hon. Member for her questions and for raising Nazanin’s case so many times in this place.
As I said in my opening remarks, the Iranian authorities made clear at the airport that they would not allow Nazanin to leave unless she signed a document. I also said that the UK official present passed the message on to Nazanin. Given the situation in which Iran had placed her, she agreed to sign the document. The UK official did not force her to do so.
Iran put Nazanin through a cruel and intolerable ordeal, and FCDO officials raised allegations of torture with the Iranian authorities at the time. We have not received a response, but Iran is in no doubt about our concern at their treatment of Nazanin and our human rights concerns more generally.
The news that Nazanin Zaghari-Ratcliffe was forced to sign this so-called confession is just the latest evidence of contemptible, despicable treatment of her by the Iranian authorities. In the light of that and all the other malign activities of the Iranian regime that we know of, may I ask the Minister why British officials in Vienna are currently supporting an agreement that would remove the Islamic Revolutionary Guard Corps from the foreign terrorists list? Are those reports correct, and if so, will the Minister give me an assurance that the United Kingdom Government will not put their name to any such agreement?
What I would say in response to the question about the negotiations in Vienna is that we have reached the end of the talks there to restore the nuclear deal. The deal that is on the table would return Iran to full compliance with its commitments under the joint comprehensive plan of action, and would return the United States to the deal. This deal represents a significant, comprehensive and fair offer to Iran, which would benefit the Iranian people. Iran should take the offer on the table as a matter of urgency, because there will not be a better one.
I call the shadow Foreign Secretary, David Lammy.
I am grateful to you, Mr Speaker, for granting the urgent question, and I think that the whole House is hugely grateful for the tenacity of my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq).
It is right that the whole House celebrated when Nazanin Zaghari-Ratcliffe was finally released after four and a half years in unlawful and cruel detention by the Iranian authorities, but it remains the case that this Government, and particularly the Prime Minister, have serious questions to answer over their gross mishandling of the detention of her and other British nationals in Iran. Nazanin said herself that the Prime Minister’s mistakes had had a “lasting impact”, and that she had “lived in the shadow” of them for four and a half years.
We recognise the sensitive and difficult negotiations that led to the agreement for Nazanin’s release, but it is incredibly concerning that she was forced to sign a last-minute false confession as a condition of her release. Did the UK Government agree to that condition, and if so, was it the Foreign Secretary or another official who signed it off? What is the Government’s assessment of how the confession could be used by the Iranian Government against Nazanin in the future?
The Government must also answer the questions about their failure to secure the release of the British-Iranian Morad Tahbaz, who remains languishing in an Iranian jail. Tahbaz’s family were repeatedly told by senior politicians and officials at the Foreign Office that he would be included in any release deal, but that clearly did not happen. In the House on Wednesday 16 March, when I asked the Foreign Secretary about Tahbaz’s case, she said:
“we have secured his release on furlough. He is now at home.”—[Official Report, 16 March 2022; Vol. 710, c. 945.]
However, Tahbaz’s family have made it clear that that is untrue. He was released for a mere 48 hours, and has since been returned to the “abhorrent and appalling” conditions of prison.
It is shameful that Iran continues to use Tahbaz as a pawn. I wrote to the Foreign Secretary about it, and I received a response this morning. I thank her for that response—received within the last hour—but we must have transparency. Can the Minister tell us why Morad Tahbaz has not been able to return home to the UK alongside Nazanin and Anoosheh Ashoori, as his family were promised? What progress is being made on securing Tahbaz’s release, and what progress has there been on securing his release to the UK, as was privately promised? Finally, what progress is being made on securing a visa for his wife to end the current travel ban?
I think that, in response to a number of other questions, I have already set out the situation relating to Nazanin and the situation in which she found herself. Iran does have a practice of insisting that detainees sign documents before releasing them, but the UK official did not force Nazanin to do so.
The Iranian Government committed themselves to releasing Morad Tahbaz from prison on indefinite furlough. Iran has failed to honour that commitment, and we continue to urge Iranian authorities at every opportunity to release him immediately.
Today’s revelations just add to the horror that we all feel about the continuing treatment of Nazanin, but she is not the only UK dual national, in Iran or elsewhere, to suffer such treatment. May I bring to the Minister’s attention the case of Alaa Abdel Fattah, a UK-Egypt dual national currently detained in Egypt, who has been tortured and has been on hunger strike for 53 days? Will the Minister meet his family and make representations to the Government of Egypt, hopefully with the same vigour that she has shown in relation to Nazanin?
I am grateful to the right hon. Gentleman for raising that case. I can reassure him that the FCDO is supporting Mr Abdel Fattah, and is urgently seeking consular access to him. We are in contact with Egyptian authorities about his case, and have raised it at the highest levels.
I call the Scottish National party spokesperson, Alyn Smith.
I commend the hon. Member for Hampstead and Kilburn (Tulip Siddiq) for asking the urgent question, and you, Mr Speaker, for granting it. I must confess that I had hoped we had spoken about Nazanin for the last time in the House, but I agree that this needs to be dug into properly. I salute Nazanin and Richard’s bravery and, indeed, dignity—an ongoing dignity—and it is a great failure on all our parts that we are still needing to look at this issue.
For me, this boils down to the fundamental question of whether the last-minute confession was a surprise to the FCDO officials. It was certainly a surprise to Nazanin. The Minister has said today that Iran has a long-standing policy of demanding or extracting last-minute phoney confessions. Was this part of the FCDO deal? I acknowledge that these deals are not whiter than white—I do not think any of us are naive about that point—but was this phoney confession, this illegal phoney confession, part of the deal, and if it was, who in the FCDO signed it off?
The fact that the UK FCDO was complicit in that illegality—and I will happily be told that that is not the case—will surely give rise to a deep moral hazard for other hostages elsewhere, and, indeed, for the credibility of the UK Government anywhere in any talks. If this was a surprise and was bounced on the FCDO official at the last minute, what protest has been made since, and what assessment has there been of what this phoney confession will mean for the security of Nazanin’s family who are still in Iran, given that it will be used as a tool by the Iranian Government against them?
As I said in an earlier answer, the Iranian authorities made clear at the airport that they would not let Nazanin leave unless she signed the document. The UK official passed on the message to Nazanin, and given the situation in which Iran had placed her, she agreed to sign it.
Although the Iranian regime is fully responsible for the plights of Nazanin Zaghari-Ratcliffe and Anoosheh Ashoori over the past six years, it is clear that the actions of the Foreign Office have not helped on many steps of their journey. Can we therefore have an independent inquiry into the actions and inactions of the Foreign Office that have hindered much of the progress that needed to be made?
Diplomats and civil servants within the Foreign Office have worked day and night to secure the release of Nazanin and Anoosheh, and on many other consular cases across the world.
The Minister has been asked this question twice, so I will try for a third time. Did the Foreign Secretary or the Prime Minister personally authorise UK officials to advise Nazanin to sign the forced confession at the airport in the way she has described, or was that decision taken by officials without their knowledge?
As I have made clear on several occasions now, the Iranian authorities made it clear at the airport that they would not allow Nazanin to leave unless she signed a document. As I have said, the official passed on the message to Nazanin, but the UK official did not force her to do so.
What we have heard today is just the latest horror after six years of mistreatment of Nazanin Zaghari-Ratcliffe by the Iranian Government. No one is suggesting that the officials in the Foreign Office have not done everything they possibly could, but what we have heard today adds to the suspicion that we need assurances about the British Government’s actions and whether they contributed in any way to the difficulty in getting Nazanin home. Can we please have an independent inquiry so that we can be reassured?
As I have said in earlier answers, over all the time that Nazanin was detained and throughout the horrific experience she went through, officials and Ministers worked tirelessly to secure her release.
In 2017, the Prime Minister said that Nazanin was teaching people journalism in Iran. She now says that she lived in the shadow of his words for the rest of her time in prison. He has never retracted those words, and he has never apologised for the harm he personally caused Nazanin and her family. Can the Minister tell us why?
It was always in Iran’s gift to release Nazanin and Anoosheh. The UK will never accept our nationals being used for diplomatic leverage. The Prime Minister has previously apologised for the comments made about the case in 2017.
I am delighted to see Nazanin home, and I pay tribute to the work and dedication of her husband Richard. As the chair of the all-party group on deaths abroad, consular services and assistance, I have met him a number of times. Nobody is disputing the great work that the staff in the foreign service do, but the reality is that the cuts that this Government are bringing to bear, along with the words and behaviour of the Prime Minister, as the hon. Member for Hammersmith (Andy Slaughter) said, created a huge amount of pressure and did a huge amount of damage to Nazanin’s situation. We need to understand the details of the forced confession, but we also need to understand what the Government will do to ensure that British citizens abroad who are incarcerated or who die in suspicious circumstances get the help and support that they deserve.
I am grateful to the hon. Lady for making the point that our officials and diplomats work tirelessly on consular cases to ensure that those who are unfairly detained are released. They are working across the globe to ensure that we support our British nationals.
I thank the Minister for her reply to the urgent question. I also commend the hon. Member for Hampstead and Kilburn (Tulip Siddiq) for all that she does. She quite inspires us in this Chamber, and we thank her for that. Does the Minister not agree that the media story and confirmation of this forced confession is a serious one, because the confession was seen to be signed under protest? With great respect, the thought that one of our diplomatic officers was present is a sobering one. How can we improve the service and support for citizens of this great United Kingdom of Great Britain and Northern Ireland overseas?
I think I have answered the questions in relation to the circumstances, but we stand ready to work with Parliament and the Foreign Affairs Committee on its inquiry.
Point of Order
On a point of order, Mr Speaker. Last week, on Thursday 19 May, the Secretary of State for Digital, Culture, Media and Sport misrepresented several official statistics during a DCMS Committee meeting. The Secretary of State made incorrect claims about the level of public support for the privatisation of Channel 4, about how much revenue the independent production sector earns from Channel 4, about Channel 4’s contributions to levelling up in comparison with other public sector broadcasters and about Channel 4’s current and projected financial position. I ask that the Secretary of State comes to the Chamber to correct the record on the above and on any other misrepresentations that were made during the DCMS Committee meeting last week.
The Chair is not responsible for the accuracy of Members’ statements made in the Chamber or in Committees. It is of course important that Committees get accurate responses from Ministers and others. There are opportunities for the Committee to pursue the issue if it believes that inaccurate answers have been given, and I am sure it will consider whether and how to pursue that matter. I know that the hon. Member will not leave it here, and that he will pursue it through the other channels that are available to him to ensure that the record will suit what he desires.
Northern Ireland Troubles (Legacy and Reconciliation) Bill
Second Reading
No reasoned amendment has been selected.